Relating to a program for monitoring methane emissions using funds from the Texas emissions reduction plan.
relating to a program for monitoring methane emissions using funds
from the Texas emissions reduction plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 382, Health and Safety Code, is amended
by adding Subchapter J-1 to read as follows:
SUBCHAPTER J-1. METHANE EMISSIONS PROGRAM
Sec. 382.471. DEFINITION. In this subchapter, “emission”
includes any emission of gas, including an emission caused by a
leak, blow out, or accident.
Sec. 382.472. METHANE EMISSIONS PROGRAM. (a) In
accordance with any provision of a state implementation plan
adopted to comply with federal rules regarding emissions of methane
and associated gases under Section 111 or 112 of the federal Clean
Air Act (42 U.S.C. Section 7411 or 7412), the commission by rule
shall:
(1) adopt standards for:
(A) methane emissions; and
(B) emissions of gases associated with methane
emissions; and
(2) establish a program in the manner provided by this
section to identify and monitor areas of concern in this state for
high emissions of methane and gases associated with methane.
(b) The commission may require and issue permits for
emissions of methane or other gases associated with methane if
necessary to implement this section.
(c) The commission shall establish a continuous emissions
monitoring program in areas of this state that have substantial
infrastructure associated with emissions of methane and associated
gases, such as oil and gas facilities, wastewater treatment plants,
or pulp and paper facilities. The program must provide for the
operation of monitoring devices that:
(1) detect, measure, and continuously monitor methane
and associated gas levels in the atmosphere to:
(A) identify background emission levels;
(B) detect locations where emissions exceed
expected background levels; and
(C) measure changes in background emission
levels over time; and
(2) provide real-time data on methane and other
associated gas emissions from facilities that are subject to the
standards adopted under Subsection (a) to rapidly detect and
quantify leaks without the need for intermittent sampling.
(d) The commission shall:
(1) monitor emissions of methane and other associated
gases under Subsection (c) to identify areas of concern;
(2) operate a network of sensors in each area of
concern to monitor and identify sources of emissions of methane and
other associated gases that are not in compliance with the
standards adopted under Subsection (a); and
(3) assist operators of facilities in areas of concern
with reducing regulated emissions and complying with federal and
state regulations related to those emissions.
(e) The commission may contract with a third party,
including an institution of higher education or a nonprofit
organization, to operate a sensor under the program.
Sec. 382.473. ENFORCEMENT. (a) If the commission
identifies a facility as the source of an emission of methane or
other associated gas under Section 382.472 that violates a standard
adopted under that section, the commission shall require the
operator of the facility to repair or shut off the source of the
emission not later than the 30th day after the date the commission
identifies the facility. The operator may not resume operations at
the facility until the facility is repaired and the commission
authorizes the resumption.
(b) The commission shall consider an operator’s compliance
with Subsection (a) when determining whether to impose a penalty
for a violation of a standard adopted under Subsection (a).
SECTION 2. Section 386.051(b), Health and Safety Code, is
amended to read as follows:
(b) Under the plan, the commission and the comptroller shall
provide grants or other funding for:
(1) the diesel emissions reduction incentive program
established under Subchapter C, including for infrastructure
projects established under that subchapter;
(2) the motor vehicle purchase or lease incentive
program established under Subchapter D;
(3) the air quality research support program
established under Chapter 387;
(4) the clean school bus program established under
Chapter 390;
(5) the new technology implementation grant program
established under Chapter 391;
(6) the regional air monitoring program established
under Section 386.252(a);
(7) a health effects study as provided by Section
386.252(a);
(8) air quality planning activities as provided by
Section 386.252(d);
(9) a contract with the Energy Systems Laboratory at
the Texas A&M Engineering Experiment Station for computation of
creditable statewide emissions reductions as provided by Section
386.252(a);
(10) the Texas clean fleet program established under
Chapter 392;
(11) the Texas alternative fueling facilities program
established under Chapter 393;
(12) the Texas natural gas vehicle grant program
established under Chapter 394;
(13) other programs the commission may develop that
lead to reduced emissions of nitrogen oxides, particulate matter,
or volatile organic compounds in a nonattainment area or affected
county;
(14) other programs the commission may develop that
support congestion mitigation to reduce mobile source ozone
precursor emissions;
(15) the seaport and rail yard areas emissions
reduction program established under Subchapter D-1;
(16) conducting research and other activities
associated with making any necessary demonstrations to the United
States Environmental Protection Agency to account for the impact of
foreign emissions or an exceptional event;
(17) studies of or pilot programs for incentives for
port authorities located in nonattainment areas or affected
counties as provided by Section 386.252(a);
(18) the governmental alternative fuel fleet grant
program established under Chapter 395;
(19) remittance of funds to the state highway fund for
use by the Texas Department of Transportation for congestion
mitigation and air quality improvement projects in nonattainment
areas and affected counties; [and]
(20) the Texas hydrogen infrastructure, vehicle, and
equipment grant program established under Subchapter G; and
(21) the methane emissions program established under
Section 382.472.
SECTION 3. Section 386.252(a), Health and Safety Code, is
amended to read as follows:
(a) Money in the fund and account may be used only to
implement and administer programs established under the plan.
Subject to the reallocation of funds by the commission under
Subsection (h) and after remittance to the state highway fund under
Subsection (a-1), money from the fund and account to be used for the
programs under Section 386.051(b) shall initially be allocated as
follows:
(1) four percent may be used for the clean school bus
program under Chapter 390;
(2) eight percent total may be used between the Texas
hydrogen infrastructure, vehicle, and equipment grant program
established under Subchapter G and the new technology
implementation grant program under Chapter 391, from which at least
$1 million will be set aside for electricity storage projects
related to renewable energy and not more than $8 million may be used
for the Texas hydrogen infrastructure, vehicle, and equipment grant
program;
(3) five percent may be used for the Texas clean fleet
program under Chapter 392;
(4) not more than $3 million may be used by the
commission to fund a regional air monitoring program in commission
Regions 3 and 4 to be implemented under the commission’s oversight,
including direction regarding the type, number, location, and
operation of, and data validation practices for, monitors funded by
the program through a regional nonprofit entity located in North
Texas having representation from counties, municipalities, higher
education institutions, and private sector interests across the
area;
(5) 7.5 percent may be used for the Texas natural gas
vehicle grant program under Chapter 394;
(6) not more than $6 million may be used for the Texas
alternative fueling facilities program under Chapter 393, of which
a specified amount may be used for fueling stations to provide
natural gas fuel, except that money may not be allocated for the
Texas alternative fueling facilities program for the state fiscal
year ending August 31, 2019;
(7) not more than $750,000 may be used each year to
support research related to air quality as provided by Chapter 387;
(8) not more than $200,000 may be used for a health
effects study;
(9) at least $6 million but not more than 15 percent
may be used by the commission for administrative costs, including
all direct and indirect costs for administering the plan, costs for
conducting outreach and education activities, and costs
attributable to the review or approval of applications for
marketable emissions reduction credits;
(10) six percent may be used by the commission for the
seaport and rail yard areas emissions reduction program established
under Subchapter D-1;
(11) 2.5 percent may be used for the light-duty motor
vehicle purchase or lease incentive program established under
Subchapter D;
(12) not more than $500,000 may be used by the
commission to contract with the Energy Systems Laboratory at the
Texas A&M Engineering Experiment Station annually for the
development and annual computation of creditable statewide
emissions reductions for the state implementation plan that are
obtained through:
(A) wind and other renewable energy resources;
(B) energy efficiency programs administered by
the Public Utility Commission of Texas or the State Energy
Conservation Office; or
(C) the implementation of advanced building
energy codes;
(13) not more than $500,000 may be used for studies of
or pilot programs for incentives for port authorities located in
nonattainment areas or affected counties to encourage cargo
movement that reduces emissions of nitrogen oxides and particulate
matter; [and]
(14) not more than $2 million may be used by the
commission for the methane emissions program under Section 382.472;
and
(15) the balance is to be used by the commission for
the diesel emissions reduction incentive program under Subchapter C
as determined by the commission.
SECTION 4. This Act takes effect September 1, 2025.
